SATISH RATILAL RAWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THROUGH this petition preferred under Article 226 of the Constitution of India, the petitioner (detenue) has impugned the order dated 27th June 1997, passed by Mr. Somnath Pal, Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue, New Delhi detaining him under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The detention order along with the grounds of detention bearing the said date was contemporaneously served on the petitioner on 10-7-1997.

(2.) WE have heard Mr. S. L. Maneshinde for the petitioner, Mr. R. M. Agarwal for respondents 1 and 2 and Mr. R. L. Patil, A. P. P. for respondents 3 and 4.

(3.) SINCE this petition deserves to be allowed on a legal ground namely, that although the detenue at the time of the passing of the detention order was on bail but since at the time of its execution was in judicial custody, having surrendered, to his bail two days earlier, and awareness of this fact, as also of the real danger of his being released has not been shown by the Detaining Authority and hence the detention order was vitiated in law, we are not adverting to his prejudicial activities contained in the grounds of detention. In this connection it would be necessary to refer to paragraph 6 of the decision of the Supreme Court rendered in the case of (Binod Singh v. District Magistrate, Dhanbad, Bihar and others), A. I. R. 1986 S. C. 2086, wherein it has been observed thus: